Karnataka High Court
Nawaz Ahmed Khan @ Nawaz Ahmed vs Smt. Nigar Sultana on 3 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:18731
CRL.P No. 8852 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 8852 OF 2024 (482(Cr.PC) / 528(BNSS)
BETWEEN:
1. NAWAZ AHMED KHAN @ NAWAZ AHMED,
S/O FAROOQ AHMED KHAN,
AGED ABOUT 32 YEARS
2. FAROOQ AHMED KHAN @ FAROOQ AHMED
S/O. LATE ZAHEER AHMED,
AGED ABOUT 64 YEARS,
3. PARVEEN @ POARVEEN UNNISA
W/O. FAROOQ AHMED KHAN,
AGED ABOUT 54 YEARS,
4. AYESHA SABA KHAN @ AYESHA BANU
W/O. N. SIDDIQ SHARIFF,
AGED ABOUT 37 YEARS,
ADDRESS AS PER THE COMPLAINT:
ALL ARE RESIDING AT NO.15,
2ND STREET, CHANDINI CHOWK ROAD,
Digitally SHIVAJINAGAR, BANGALORE NORTH,
signed by
CHANDANA BANGALORE - 560 051.
BM
Location: 5. SADDAM HUSSAIN
High Court
of Karnataka S/O. FAROOQ AHMED KHAN,
AGED ABOUT 25 YEARS,
6. SHAHRUKH KHAN @ SHAHRUKH KHAN F.,
S/O. FAROOQ AHMED KHAN,
AGED ABOUT 29 YEARS,
BOTH ARE RESIDING AT NO.69,
NOHA STREET, BRADWAY ROAD CROSS,
SHIVAJINAGAR, BANGALORE NORTH, HKP ROAD,
BANGALORE, KARNATAKA - 560 051.
...PETITIONERS
(BY SRI. AFROZ PASHA, ADVOCATE)
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NC: 2025:KHC:18731
CRL.P No. 8852 of 2024
HC-KAR
AND:
SMT. NIGAR SULTANA
W/O. NAWAZ AHMAD KHAN,
D/O. MOHAMMED GHOUSE,
AGED ABOUT 29 YEARS,
RESIDENT OF 13, 3RD CROSS,
MUNIVEERAPPA LAYOUT, SHAMPURA,
BANGALORE - 560 045.
...RESPONDENT
(BY SRI. RAJESH S. R., ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528
BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
CRL.MISC.NO.223/2022 FILED BY THE RESPONDNET FILE UNDER
SECTION 12 R/W SEC. 18, 19, 20 AND 22 OF PROTECTION OF WOMEN
FROM DOMESTIC VIOLENCE ACT, 2005, PENDING ON THE FILE OF
HONBLE 1ST METROPLITAN MAGISTRATE TRAFFIC COURT AT
MAYOHALL, M.G. ROAD AT BANGALORE (MMTC-1).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioners have sought for the following reliefs:-
"WHEREFORE, the petitioners most respectfully prays that this Hon'ble Court may be pleased to quash the entire proceedings in Crl.Misc.No.223/2022 filed by the respondent filed under Section 12 R/w. Sections 18, 19, 20 and 22 of Protection of Women from Domestic Violence Act, 2005 pending on the file of the Hon'ble 1st Metropolitan Magistrate Traffic Court at Mayohall, M.G. Road at Bangalore (JMTC-1) in the interest of justice and equity."-3-
NC: 2025:KHC:18731 CRL.P No. 8852 of 2024 HC-KAR
2. Learned counsel for the petitioners and learned counsel for the respondent have filed an Application under Section 320(2) of Cr.P.C., along with a Joint Affidavit, both dated 03.06.2025 duly signed by the petitioners, respondent and their respective counsel and the same are taken on record.
3. Petitioners and respondent and their counsel are physically present before the Court and they admit the contents of the Application under Section 320(2) of Cr.P.C. and the Joint Affidavit, which reads as under:-
"APPLICATION FILED UNDER SECTION 320(2) OF THE CODE OF CRIMINAL PROCEDURE That the above-named Respondents/petitioners and Petitioner/Respondent most humble submits that:
1. That the above-named Petitioner/ Respondent has filed the complaint against the above-
named Respondents /petitioners punishable under section 12. R/W Sections 18, 19, 20 and 22 of Protection of women from domestic Violence act 2005 in Crl. Misc. no. 223/2022 pending on the file of Hon'ble 1st Judicial Magistrate Traffic Court at Mayohall, M G Road at Bangalore. (JMTC-1) seeking the maintenance.
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2. That the above-named Respondents/petitioners have filed the above criminal petition u/s 482 of CRPC to quash the maintenance case in Cr.l Misc. No. 223/2022.
3. That, the Respondent No. 1/petitioner No. 1and Petitioner/Respondent were husband and wife and they have mutually dissolved their marriage by virtue of Khulanama on 20/05/2025.
4. That, as per the terms of the khulanamą the Petitioner/Respondent agreed to withdraw the criminal case filed in Cr. No. 128/2022 registered by the East zone women police offence's Punishable u/s 498(a), 323, 504,506, 34 of IPC and 3, 4 of DP act pending on the file of 6th ACJM Bangalore and maintenance case filed in Crl. Misc. no. 223/2022 and recovery case in Crl. Misc. No. 209/2023 pending before the 1st JMTC Mayohall court against the Respondents/petitioners.
5. That, the Respondent No. 1 /petitioner No. 1has paid sum of Rs. 100000/ by way of cash to the Petitioner/ Respondent and her son Tippu sultan towards the full and final settlement of the maintenance and compensation and the complainant and her son will have further claims against the Respondents/petitioners.
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6. That, the Respondents/petitioners and Petitioner/Respondent have no other claims against each other.
7. That the both parties have settled their disputes and matter has been compromised between the parties in the presence of the well-wisher.
9. That the above offences are compoundable with the permission of the court.
PRAYER wherefore it is most respectfully prayed that this Hon'ble may please to:
1. Allow application filed u/s 320 of CRPC and permit the parties compound the offences.
2. pleased to quash the entire proceedings in Crl.
Misc. No. 223/2022 filed by the respondent filed under section 12, R/w Sections 18, 19, 20 and 22 of Protection of women from domestic Violence act 2005 pending on the file of Hon'ble 1st Judicial Magistrate Traffic Court At Mayohall, M G Road At Bangalore. (JMTC-1) in the interest of justice and equity."
"JOINT AFFIDAVIT Nawaz Ahmed Khan Nawaz Ahmed F. S/o Farooq Ahmed Khan Aged about 32, No. 69, Noha street, Bradway Road Cross Shivaji nagar Bangalore North HKP Road Bangalore Karnataka - 560 051 and Smt. Nigar Sultana D/o Mohammed Ghouse Aged about 26 years Resident Of:13, -6- NC: 2025:KHC:18731 CRL.P No. 8852 of 2024 HC-KAR 3rd Cross Muniyappa Layout Shampura Bengaluru City Bangalore - 560045
1. I Nawaz Ahmed Khan @ Nawaz Ahmed F, Respondent no. 1 /petitioner no.1 in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit on behalf of Respondent/petitioner no. 2-6 also.
2. I Nigar Sultana I am the petitioner/Respondent in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit.
3. We submit that, we have filed an application u/s 320(2) CRPC to compound the offences in the above criminal petition.
4. We submitted that; we have already taken divorce by virtue of Khulanama on 20/05/2025.
5. We submitted that, we have settled our disputes and matter has been compromised between us in the presence of the well-wisher.
6. We submit that, we have settled our disputes with own will and wish without any influence or force.
What is stated above is true and correct to the best of my knowledge, information and belief.
wherefore it is most respectfully prayed that this Hon'ble may please to:
a. Allow application filed u/s 320 of CRPC and permit the parties compound the offences.-7-
NC: 2025:KHC:18731 CRL.P No. 8852 of 2024 HC-KAR b. pleased to quash the entire proceedings in Crl.
Misc. No. 223/2022 filed by the respondent filed under section 12, R/W Sections 18, 19, 20 and 22 of Protection of women from domestic Violence act 2005 pending on the file of Hon'ble 1st Judicial Magistrate Traffic Court At Mayohall, MG Road At Bangalore. (JMTC-1) in the interest of justice and equity."
4. In view of the aforesaid settlement entered into between the petitioners and the respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Application filed under Section 320(2) Cr.P.C. and Joint Affidavit, both dated 03.06.2025.
(ii) The proceedings in Crl.Misc.No.223/2022 filed under Section 12 R/w. Sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, pending on the file of the I Metropolitan Magistrate Traffic Court, Mayohall, M.G. Road, Bengaluru (MMTC-1), insofar as the petitioners are concerned, are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 3 Sl No.: 1